Atlanta Estate Planning Lawyer Blog

As an Atlanta Probate Lawyer, I have experienced first-hand the wide range of time frames and seemingly, intolerable leeway a Georgia executor or administrator has to carry out the fiduciary duties imposed pursuant to TITLE 53 of the Official Code of Georgia Annotated entitled “WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES”. Under this Title 53, the Georgia Probate Court likely will allow the any GA executor or administrator varying degrees of time in which to undertake the Georgia estate administration process in any decedent’s estate. Any acting executor or administrator who is qualified and in charge of an estate in Georgia Probate court has approximately six (6) months to create an inventory of all of the estate's assets, liabilities, debts and other relevant estate matters, and issue and provide any beneficiary or heir of the Georgia estate an inventory and accounting. Moreover, this seemingly lenient rule of Georgia Probate Law is oftentimes waived by an unknowing estate beneficiary or heir if they “sign off”, or “consent” to giving the estate executor or administrator this leeway.

The unknowing beneficiary or heir oftentimes signs documents as requested by the Georgia executor or administrator, or their GA Probate Lawyer, without knowing or asking what these documents mean. It is essential for any beneficiary or heir to understand the impact signing any “release” will have on them in knowing and understanding the estate's assets, liabilities, debts and other relevant estate matters such as the status of the estate proceedings or their inheritance. As a rule of Georgia Probate Law, you should be very cautious about any documents you sign. This is especially true if it is requested you sign anything having to do with an estate under which you are a beneficiary or heir, where you are requested to sign in front of a witness or witnesses or in the presence of a Georgia Notary Public. Under Georgia Probate law, you are deemed to have read, understood and presumably had the right to consult with a Georgia Probate Attorney or Atlanta, Georgia Probate law firm concerning the meaning and impact of these documents. In my Probate Law practice, I often see beneficiaries and heirs unknowingly waive important rights to their detriment. Moreover, many times it becomes a “he says she says” argument as to whether the beneficiary or heir knew or understood the dire impact of the documents she or he signed or if any explanation was given at all.

If you are a beneficiary or heir under a Georgia Probate Court estate, you should consult an experienced Atlanta Probate Law Firm before signing anything. As an experienced Georgia probate lawyer, I can not tell you how many time clients come into our Buckhead, Atlanta, Georgia Probate Law Firm after it is to late and the client-beneficiary or client-heir has given up many important rights they would have been entitled to had they not signed important empowering estate documents to their detriment.

Continue reading "FIND A PROBATE LAWYER IN ATLANTA, GEORGIA WHO CAN UNCOVER ADMINISTRATOR AND EXECUTOR SELF-DEALING BY DEMANDING A “PETITION FOR INVENTORY AND ACCOUNTING” - GEORGIA ESTATE BENEFICIARY AND HEIRS CAN PROMPTLY DEMAND ANSWERS" »

As an Atlanta Will Contest Lawyer, I have seen the number of cases on the rise. As an Atlanta, Georgia Probate Litigation lawyer, I have represented many clients in different types of will contests. Especially common are the cases that involve undue influence in the writing of wills. When undue influence is found to have played a role in the writing of the will, then the court can determine that the will is null and void.

Undue influence occurs when an act takes place that overcomes the victim’s free will. Undue influence is most likely when there is a confidential relationship between those involved and when one of the parties is of greater mental capacity. The confidential nature of the relationship and ability of one party to exert influence over the other party due to a superior intellect are the key factors that allow the manipulation to go unnoticed.

Many cases of undue influence occur between parents and children. When a close relationship exists between one child and the parent, it is possible for the child to manipulate the parent into signing a Georgia will that favors that particular child. It is also possible for the influence to come from outside the family, for example from a hired caregiver who spends large amounts of time with the elderly person.

When faced with a case of undue influence regarding a will, the Georgia probate court will examine the mental state of the deceased at the time that the will was executed. Evidence of mental or physical coercion is required. Because direct evidence is difficult to collect (since the victim is deceased), the courts will rely on circumstantial evidence for proof. The court will try to determine if:

1) the decedent was easily influenced, due to age, health or general mental state

2) the person suspected of undue influence had an opportunity to coerce or manipulate the victim

3) the person suspected of undue influence had the motive or disposition to influence the victim

4) the person suspected of undue influence was actively involved in creating the will

5) the will appears to have been influenced

Continue reading "UNDUE INFLUENCE CASE AND WILL CONTESTS IN ATLANTA, GEORGIA, INCREASE SEEN" »

In the beginning of the Georgia estate probate process, the Georgia probate court will assign an executor or administrator (also known as a personal representative) to manage the distribution of an estate. This occurs when no will exists. It also occurs when the executor named in a will cannot serve or does not want to serve, or when no executor is named. Many times when the Georgia probate court appoints an individual as a personal representative, this comes as a surprise to the appointee.

The initial surprise often changes to concern when the personal representative realizes the serious nature of their new role. The administrative responsibilities of personal representatives are fiduciary in nature and require knowledge and diligence to complete. Personal representatives who fail to complete their duties and fulfill the legal obligations required by Georgia probate law can be held liable for their actions. As an experienced Atlanta, Georgia Probate Attorney, I have handled countless probate disputes where personal representatives were accused of wrongdoing. In some cases there was true intent to deceive, while in other cases an innocent lack of understanding of the duties caused the issue. Either way, the personal representative can be held legally responsible.

Because the administrative tasks of Georgia executors and administrators are so complex, a North Georgia probate attorney can be retained to mitigate liability. An attorney will assist and guide personal representatives in their duties, drafting legal documents and ensuring that court deadlines are met. Besides protecting against personal liability, a GA estate proceeding lawyer should be retained to keep the probate process moving forward as quickly and efficiently as possible. Probate proceedings that are lengthy usually involve disputes or litigation between interested parties. And litigation costs the estate money, which is not in the best interest of the beneficiaries. So a personal representative that can administer the estate efficiently will ensure that the estate’s assets are intact and available for distribution when the proceedings conclude.

Continue reading "HAVE YOU BEEN APPOINTED A GEORGIA ESTATE EXECUTOR OR ADMINISTRATOR? NOW WHAT? AN ATLANTA PROBATE, WILLS, TRUST, AND ESTATE LAWYER SPEAKS" »

As an Atlanta probate litigation attorney, I have noticed that as the population of the United States ages, it is a common for most families to have an elderly parent who is independent enough to live alone, but who is unable to manage household expenses. In the interest of helping the senior maintain independence for as long as possible, a son or daughter’s name is frequently added to the senior’s bank account to facilitate payment of the expenses. In addition to paying any bills from the account, the joint account holder will be able to keep an eye on the outflow of monies and perhaps oversee any transactions that the senior does make. How the account is set up when the additional person is added, though, can have an impact on the outcome of any Georgia probate proceedings upon the death of the parent.

When creating a joint bank account, inserting the word “or” between the names of both account holders is a simple way to allow for either party to process transactions independently. While this facilitates the payment of expenses as described in the previous example, if one account holder dies, it also allows for all funds in the account to pass to the surviving account holder. When the second person is a spouse or the only surviving relative, this may not pose a problem. But when there are other heirs, a dispute may take place if the heirs feel that they are entitled to a portion of the funds. The question of who receives the funds will be addressed during probate proceedings, as the true intent of the deceased is investigated. Most commonly, the proof of how the money will be divided up is found in the will. But with no will, or if the will does not clearly state how the funds are to be allocated, the court will needs to determine if the second account holder was added only for the sake of convenience or if it was the true intention of the deceased to gift the funds to the second account holder.

When the word “and” is used between two names on a joint bank account, no transactions on the account can be processed without the other party’s signature. This is common in Georgia business partnerships where the inflow and outflow of funds needs to be closely monitored. Under this scenario, in the event that one account holder dies, half of the funds will pass on to the estate of the deceased and half of the funds will pass to the surviving account holder. This set up is not common in family dealings and does not usually cause a dispute during Georgia probate proceedings.

The types of joint account disputes involving family members can be avoided by asking an experienced and qualified Georgia probate attorney to set up a will that clearly defines your desired intentions. Keep in mind that while probate proceedings resolve issues on these difficult and emotionally charged cases, your heirs are the ones who will live not only with the outcome, but also with the consequences caused by any drama that plays out during the proceedings. With the proper planning you can eliminate this turmoil and create a positive experience for your loved ones.

Continue reading "JOINT ACCOUNT DISPUTES IN GEORGIA AND THEIR IMPACT IN PROBATE COURT PROCEEDINGS" »

As an Atlanta, Georgia, power of attorney litigation lawyer, I have seen a sharp rise in the number of cases dealing with the misuse of a power of attorney or other similar document. Most times, the fiduciary lawyers at our Firm see the misuse and abuse of a Georgia power of attorney committed against the elderly, incapacitated, and other persons who tend to be trusting, in need of help and/or suffer from some mental disorder, cognitive disability, or laboring under circumstances, which make them easily influenced or coerced.

A power of attorney is an authoritative document and brings with it the ability to act on behalf of someone else; usually without his or her presence or any questions asked. A Georgia power of attorney is relatively easy to establish over a person. The person who gains and holds the power of attorney is referred to as the attorney-in-fact or agent. These forms can be purchased for a few dollars from a “legal document information company,” downloaded over the internet, bought in an office supply or other such store, and even found over the web for free.

The Georgia power of attorney document can be easily secured, signed by the trusting, gullible, eager to please, or even forged. Furthermore, once an “attorney-in-fact” has a Georgia power of attorney, there are relatively few security measures in place to prevent these documents from being used without any questions asked. This is the case with many banks, credit unions, credit card companies, businesses, financial institutions, mortgage companies, or other businesses.

The fiduciary litigation lawyers at our Firm have found that many persons acting as an attorney-in-fact or agent pretend to act as if they are helping someone else, when they are only helping themselves to the money and assets of another trusting person. They are also spending monies that otherwise would go into the estate of the person who gave the power of attorney and defrauding the rightful heirs or beneficiaries assets which “would have been in the estate,” but for the misuse, fraud and abuse. It is important to know a power of attorney, brings with it a fiduciary duty to act in the best interest of the person giving the power of attorney. If the attorney-in-fact or agent is acting in his or her best interest or without the best interest of the person giving the power of attorney, they are acting breach of their fiduciary duty and in breaking Georgia law. They must be stopped before too much damage is done!

Our Firm asks that you look out for your loved ones and the following circumstances:

• Overly Trusting Person Giving Power of Attorney

• Sudden Change in Financial Circumstances

• Sudden Change in Behavior – (Especially Emotional or Worrisome Thoughts or Actions)

• Need for Money by Attorney-in-Fact or Agent

• Mental Illness such as Dementia, Alzheimer’s or Other Mental Disorder

• Inability Care to for Self

• Coercion (by Family, Friends or Others)

• Duress

• Undue Influence

• Lack of Capacity

• Incompetence

• Fraud

• Other Suspicious Circumstances

The reason I am writing this article is to tell you that there are many ways to prevent, stop, and recover the damages caused by the misuse of a Georgia power of attorney. Our Atlanta fiduciary litigation law Firm specializes in Georgia power of attorney litigation. We can assist you in preventing fraudulent use of a power of attorney by an attorney-in-fact or an agent. We can also represent you against persons who have wrongfully acted as attorney –in-fact or agent. It is important to know there are numerous powerful remedies to stop and hold accountable persons who obtain, misuse, or abuse a power of attorney. We can also assist you after the power of attorney has been misused and the “would be estate” has been squandered.

Continue reading "ATLANTA FIDUCIARY AND PROBATE LAW FIRM SEES RISE IN POWER OF ATTORNEY MISUSE, ABUSE, AND FRAUD " »

As a Georgia probate attorney who practices in the metro Atlanta area, I have found my probate law firm practice has recently changed its focus. In large part, this is due to the need for answers and accountability on the part of executors and administrators.

I am finding more and more heirs and beneficiaries calling into my office with the same complaint against the executor or administrator of the Georgia estate. These concerns center around the executor or administrator refusing to provide the beneficiary or heirs of the estate with an accounting and an inventory of the Georgia estate assets. The common runaround the executor or administrator usually gives the beneficiary or heir is they have no duty to provide such information. However, Georgia beneficiaries and heirs should know they can make a legally binding request in writing to the executor and administrator of the estate for an inventory and accounting of estate assets. Oftentimes beneficiaries or heirs have waived this right, but they can renounce this waiver in writing and move forward with a petition for inventory and accounting. O.C.G.A. § 53-7-32 (2008) provides as follows:

§ 53-7-32. (Revised Probate Code of 1998) Waiver of right to receive; relieving personal representative of duty to make

(a) Any beneficiary of a testate estate or heir of an intestate estate may waive individually the right to receive the inventory from the personal representative. Such waiver shall be made in a signed writing that is delivered to the personal representative and may be revoked in writing by the beneficiary or heir at any time.

If you are worried about the monetary, fiscal, or fiduciary mismanagement of a Georgia estate to which you are a beneficiary or heir, you have options and rights under Georgia probate law. The Adams Law Offices represents beneficiaries and heirs in all stages of probate proceedings to get answers from unfair, dishonest, and deceitful executors and administrators. The Adams Law Offices welcomes the opportunity to assist you in filing a petition for inventory and accounting and acquiring the answers you deserve.

Continue reading "GEORGIA HEIRS AND BENEFICIARIES CAN GET ANSWERS DESPITE WHAT YOU MAY BE TOLD BY THE GEORGIA ESTATE EXECUTOR OR ADMINISTRATOR" »

As an Atlanta probate attorney, I often see Georgia probate estate administrators and executors turn into dishonest persons once they become administrator or executor of the probate estate. Upon qualification by the Georgia Probate Court, any administrator or executor is put into a position of power and trust over heirs, beneficiaries and others involved in the Georgia estate administration process and the assets of the Georgia probate estate. It is normal, but not wise, for heirs and beneficiaries to be trusting of the Georgia estate administrator or executor. This is especially true given the tough times are going through in this economic era and that it is wholly true that everyone could use an extra few dollars. Oftentimes, matters are made worse because many Georgia estate administrators or executors are family members, friends of family members or long trusted family friends.

In my practice as a Georgia Probate litigation and dispute lawyer, I see good people turn bad when they gain control of estate assets and have easy access to money that is not theirs. I have found this to be especially true when these estate assets include easily maneuverable items such as liquid cash, stocks, bonds, cars, jewelry, real estate and other items of great monetary value. This is especially true because these estate assets seem to be just arm lengths away from a “dip into the pot” without anyone noticing or any harm done at all. This is a common misperception of the untrustworthy administrator or executor and nothing could be further from the truth. As an Atlanta estate litigation attorney, I see and know all too well the tricks and deceptive actions of these dishonest and conniving persons. Fortunately, under Georgia probate law, these administrators and executors must adhere to and act within the scope of their fiduciary duty. Such administrators and executors are bound by the this duty almost regardless of what rights you may have been told you have signed away to them.

An administrator or executor (known as a fiduciary) has the following legal duties and obligations:

§ 53-7-1. General powers and duties of personal representative; additional powers
A personal representative is a fiduciary who, in addition to the specific duties imposed by law, is under a general duty to settle the estate as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. The personal representative shall use the authority and powers conferred by law, by the terms of any will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is a party, and by the rules generally applicable to fiduciaries to act in the best interests of all persons who are interested in the estate and with due regard for their respective rights.

Continue reading "GEORGIA ADMINISTRATORS AND EXECUTORS – YOU AND YOUR GEORGIA PROBATE ATTORNEY SHOULD SAFEGUARD AGAINST ESTATE ASSET MISMANAGEMENT AND BREACH OF FIDUCIARY DUTY" »

As an Atlanta, Georgia probate dispute lawyer, I know a personal representative who “steals” or “defrauds” an estate, or otherwise behaves dishonestly, is a nightmare for a grieving family, the beneficiaries, and heirs. Unfortunately, I have seen in my Atlanta probate law firm practice, this occurs more than you might think. Inexperience with the legal and financial duties of a personal representative can lead to mistakes that have very bad results for the estate and its heirs or beneficiaries. In other cases, because executors and administrators are frequently family members or close friends of the person who died (decedent), they may have emotional or financial reasons for not being completely genuine. Or, they may have fallen on tough times and just think nobody is watching and no real harm will be done by “stealing” a “little bit” here and there.

Fortunately, Georgia fiduciary law allows you several ways to deal with a personal representative who is not meeting his or her duties, being dishonest or otherwise engaging in self-dealing. If you know ahead of time that the personal representative is not trustworthy, you may file a caveat -- a probate law term for a formal objection -- to that person's role as personal representative. As a Georgia probate litigation lawyer engaged in will contests and probate disputes, I vastly prefer to take steps long before this stage, to minimize the costs to my client from both fraud and legal fees. Nevertheless, it is often not until the probate process is underway that heirs and beneficiaries realize that there are problems.

For that reason, the law also allows them to formally sue a dishonest personal representative for breach of fiduciary duty -- that is, breach of the duty to act wisely and legally with another person's money. In fact, you can file this type of claim when the personal representative has merely threatened to breach that duty, as well as when you have positive evidence that he or she has breached it. If you can prove your claim, you can ask a court to order one or more of the following remedies:

• Stop a threatened breach of fiduciary duty
• Remove the personal representative
• Replace the personal representative
• Compel the personal representative to do his or her duties
• Reduce or deny payment to the personal representative
• Have the personal representative pay back money stolen or lost because of a breach of fiduciary duty
• Compel damage payments (compensation for the petitioner's losses) from the executor or administrator (personal representative)
• Money or property given to the wrong beneficiary may also be placed in trust by the court while it works out the proper ownership.

Continue reading "HOW DO YOU HANDLE A DISHONEST EXECUTOR, ADMINISTRATOR IN GEORGIA PROBATE COURT?" »

As an Atlanta Estate Lawyer and in working for a Georgia Probate Law Firm, my experience has been that there are several rules of thumb to follow when opening and administering a Georgia estate in county probate court:

They are, in simplified form, as follows:

1. No Promises: Do not make any promises to heirs, beneficiaries or otherwise. Give general time frames adding on that old saying “if everything goes smoothly”, etc.

2. Georgia Estate Administration is a Long Process: The Georgia estate administration process takes months and even years. In knowing this, please be patient and manage expectations on the outer limits.

3. Remember Your Goals: The objective is to prove to the Georgia Probate Judge, that the administrator or executor who filed petition for letters of administration or letters testamentary, has the legal authority to administer the estate.

4. The Georgia Probate Court Will Want to See You Be Diligent and Thorough: Remember, a will is offered up for probate, not an estate. This means that the opening of the Georgia estate depends on how fast you can file the letters testamentary and “prove up” the will or “offer the will up for proof”. If there is no will, the heirs will have to decide who will be administrator and sign off on the on the acknowledgment of service and consent to probate instaner.

My experience as a Georgia probate attorney, has shown that the longer an estate is pending for being open to the estate administration process, the more likely beneficiaries and heirs are likely to begin to argue. When this occurs, disputes often begin and battle lines are drawn. I can not emphasize enough the importance of knowing how to explain matters in a fair and understandable manner.

The Adams Law Offices helps administrators and executors (called “personal representatives” under GA Probate law) carry out their fiduciary duties expeditiously, fairly and cost-efficiently. Our Firm also helps heirs and beneficiaries of Georgia probate estates when there is trouble ongoing in the estate administration, they desire to set forth a valid claim, or want they answers they deserve. Our Firm has extensive experience in Georgia probate guidance; Georgia probate disputes; Georgia probate litigation matters; and, estate mediation. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. You can also send us a confidential e-mail through our contact us form via our Website. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.

As a Georgia estate dispute and probate litigation lawyer, I have represented numerous Georgia estates, executors, administrators, heirs, and beneficiaries. In doing so, I have often times guided them to various “free web sites" so that they may see for themselves what is involved in the Georgia probate and estate administration process. There are a number of resources on the internet for use in effective estate administration and otherwise gather information about this complicated process. They are the following: The State of Georgia Probate Website ; The Georgia Courts Website ; The IRS ; and, most importantly the link to the county in which you are offering the will for probate (i.e. The Fulton County Probate Court Website)

The State of Georgia Probate Court Website and The Georgia Courts Website have links, forms and important information on estate administration and the probate process. In addition, theses sites contain a wealth of forms to be used in the State of Georgia (these two sites should be used to download any probate forms). The IRS site is an important sources of tax references, contact numbers, and information and documentation resources.

Unfortunately, these clerks and staff can not give you legal advice and are instructed to not engage in such action. Additionally, these sites are for informational purposes only, and while official, please know that nothing can replace the guidance of an experienced Georgia probate law firm.

Continue reading "GEORGIA PROBATE AND THE ESTATE ADMINISTRATION PROCESS – RESOURCES, TIPS, AND GUIDANCE" »